Senate File 264 - Reprinted SENATE FILE BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 33) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to grandparent and great=grandparent visitation. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1741SV 82 4 pf/je/5 PAG LIN 1 1 Section 1. NEW SECTION. 600C.1 GRANDPARENT AND 1 2 GREAT=GRANDPARENT VISITATION. 1 3 1. The grandparent or great=grandparent of a minor child 1 4 may petition the court for grandchild or great=grandchild 1 5 visitation. 1 6 2. The court shall consider a fit parent's objections to 1 7 granting visitation under this section. A rebuttable 1 8 presumption arises that a fit parent's decision to deny 1 9 visitation to a grandparent or great=grandparent is in the 1 10 best interest of a minor child. 1 11 3. The court may grant visitation to the grandparent or 1 12 great=grandparent if the court finds all of the following by 1 13 clear and convincing evidence: 1 14 a. The grandparent or great=grandparent has established a 1 15 substantial relationship with the child prior to the filing of 1 16 the petition. 1 17 b. The parent who is being asked to temporarily relinquish 1 18 care, custody, and control of the child to provide visitation 1 19 meets any of the following conditions: 1 20 (1) Is unfit to make the decision regarding visitation. 1 21 (2) Is a fit parent, but the parent's decision to deny 1 22 visitation poses substantial harm or potential substantial 1 23 harm to the child beyond the harm derived from the loss of the 1 24 helpful, beneficial influence of the grandparent or 1 25 great=grandparent. 1 26 c. It is in the best interest of the child to grant such 1 27 visitation. 1 28 4. For the purposes of this section, "court" means the 1 29 district court or the juvenile court if that court currently 1 30 has jurisdiction over the child in a pending action. If an 1 31 action is not pending, the district court has jurisdiction. 1 32 Sec. 2. Section 600.11, subsection 2, paragraph e, Code 1 33 2007, is amended to read as follows: 1 34 e. A person who has been granted visitation rights with 1 35 the child to be adopted pursuant to section598.35600C.1. 2 1 Sec. 3. Section 598.35, Code 2007, is repealed. 2 2 SF 264 2 3 pf:rj/cc/26